NARAYANAN KOYITTI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 55(a) of the Kerala Abkari Act (for short "the Act") in S.C. No. 267 of 2003 of the Court of Session, Thalassery. He faced trial before the learned III Additional Sessions Judge, Thalassery, on the allegation that at about 7.05 p.m. on 25.10.2000, he was found possessing four litres of arrack in a plastic can of five litres capacity. The offence was detected by the Additional Sub Inspector of Police, Iritty. He arrested the accused, and seized the contraband article as per a mahazar. Investigation was taken over by the Sub Inspector, and he submitted final report in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined three witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and projected a defence of total denial. He did not adduce any evidence in defence.